The defendant appealed by case stated from his conviction of attempting to drive a motor vehicle on a public road, having consumed alcohol in excess of the prescribed limit on the same occasion. At the time he was said to have attempted to drive, the car was no longer on a public road. The appellant went to the car park at the AWE to collect his car in order, as he told the arresting officer, to drive his friend home. He then drove a distance of approximately 90 metres from the car park to the open gate on to the A340. Had the police officer at the gate not intervened, the appellant would have driven onto the public road.
Held: The appellant’s actions went beyond acts merely preparatory to the commission of the offence. His appeal failed.
Toulson LJ, Owen J
[2010] EWHC 1822 (Admin), [2010] RTR 36
Bailii
Road Traffic Act 1988 5(1), Criminal Attempts Act 1981 3
England and Wales
Citing:
Cited – Regina v Farrance CA 1978
The driver had a medical condition requiring him to avoid strenuous exertion. Driving uphill, his clutch failed, though he did not understand the problem. He rolled back to the kerb, and revved the engine. He knew he would be unable to push the car. . .
Cited – Mason v Director of Public Prosecutions Admn 15-Jul-2009
The defendant appealed against his conviction for attempting to drive after consuming excess alcohol. On reporting to the police that as he opened the door of his car, he had been threatened with a knife, and his car taken, it was suspected he had . .
Cited – Director of Public Prosecutions v Alderton Admn 25-Nov-2003
The defendant had been found sat in his car. He had been spinning its wheels, but not moving. The prosecutor appealed against dismissal of a charge of attempting to drive whilst under the influence of alcohol.
Held: The appeal succeeded. The . .
Cited – Hoy v McFadyen HCJ 2000
The accused was charged with driving whilst disqualified. He had been in the driver’s seat and had started the engine. On turning off the engine the car lurched forward slightly. The handbrake was defective and would not hold the car on a slope. To . .
Cited – Shaw v Knill QBD 1974
The driver entered a car park and walked over to a motor cycle parked in the car park. He placed his haversack on the platform of the motor cycle and pushed it for a distance of approximately six yards towards the entrance of the car park, which . .
Lists of cited by and citing cases may be incomplete.
Road Traffic
Updated: 31 October 2021; Ref: scu.421875
